Madras High Court
The Managing Director vs Tamizharasan on 25 August, 2021
C.M.A. No. 2503 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No. 2503 of 2021 and
C.M.P.No.14403 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Vazhreddy, Villupuram. ...Appellant
Vs.
Tamizharasan ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act,
1988 against the judgment and decree dated 23.09.2019 made in M.C.O.P.No.139 of
2014 on the file of the Motor Accident Claims Tribunal, Sub Judge, Kallakurichi.
For Appellant : Mr. K.J. Sivakumar
******
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging the Award
dated 23.09.2019 passed by the Motor Accident Claims Tribunal, Sub Judge,
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C.M.A. No. 2503 of 2021
Kallakurichi in M.C.O.P.No.139 of 2014, directing the Appellant/Transport Corporation
to pay the Claimant a sum of Rs.14,02,000/- as compensation for the injuries sustained
in an accident which occurred on 22.02.2014 involving the bus owned by the
Appellant/Transport Corporation.
2. Before the Tribunal, the Respondent/Claimant claimed a sum of Rs 50,00,000/-
as compensation for the injuries sustained by him. On the side of the
Respondent/claimant P.W.1 was examined as witness and Exs.P1 to Exs.P8 were
marked before the Tribunal. On the side of the Appellant/Transport corporation, R.W.1
was examined and no exhibits were marked and Ex.C1 was marked as Court Exhibit.
3. On consideration of the oral and documentary evidence available on record, the
Tribunal has awarded a sum of Rs.14,02,000/- as compensation to the
Respondent/Claimant. Details of the compensation awarded by the Tribunal under the
impugned Award, are as follows :
Amount awarded by the
Heads
Tribunal (Rs.)
Disability 11,23,200
Loss of income 78,000.00
Transportation charges 25,000.00
Nutrition charges 25,000.00
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C.M.A. No. 2503 of 2021
Amount awarded by the
Heads
Tribunal (Rs.)
Pain and sufferings 75,000.00
Attender charges 20,000.00
Medical Bills 55,534.00
Total Rs.14,01,734/-
Rounded off Rs. 14,02,000/-
4. Heard the learned counsel for the parties and perused the material documents
available on record.
5. The Appellant has challenged the impugned award on the ground that mere
registration of an FIR is not enough for holding negligence on their part. The Claims
Tribunal ought to have considered the evidence R.W.1, who is the driver of the bus and
competent person to speak about the accident. He has categorically deposed that
Corporation has objected the FIR and given counter complaint against the driver of the
motor cycle. Further, the Claims Tribunal ought not to have fixed the disability as 80%
without any proof. The compensation awarded by the Tribunal under other heads are
also very high and the same needs to be reduced.
6. Insofar as the first contention raised by the Appellant is concerned, though
R.W.1 deposed that a counter complaint has been lodged against the driver of the motor
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C.M.A. No. 2503 of 2021
cycle, no evidence has been produced on his behalf. Therefore, this Court is of the
considered view that there is no basis for the appellant to contend that mere registration
of an FIR against the Driver of the bus without corroboration by any other independent
witness.
7. Insofar as the fixation of 80% disability on the Respondent / Claimant is
concerned, the same is supported by documentary evidence viz., Ex.P6- Certificate
issued by District Welfare Department, Villupuram and Ex.C1- Disability certificate
issued by Medical Board, Villupuram, considering the same the Claims Tribunal has
rightly fixed 80% disability on the Respondent/Claimant.
8. As no proof was produced before the Claims Tribunal to the effect that the
Claimant was earning a sum of Rs.20,000/- per month, by considering the Judgment of
the Hon'ble Apex Court in the case of Syed Siddiq Ali vs. Divisional Manager, United
India Insurance Company, reported in 2014(1) TNMAC Page 49 the monthly income
was fixed at Rs.6,500/- and by adopting the multiplier 18 as per the decision of the
Hon'ble Supreme Court in the case of Smt. Sarla Verma and others Vs. Delhi
Transport Corporation and Another, reported in 2014(1) TNMAC 459, a sum of
Rs.11,23,200/- (Rs.78,000x18 x 80%) which is not excessive.
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C.M.A. No. 2503 of 2021
9. Considering the nature of injuries sustained by the Respondent/Claimant,
period of treatment undergone by the Claimant, the quantum of compensation awarded
by the Tribunal to the Respondent/Claimant under various heads, totalling a sum of
Rs.14,02,000/-, cannot be considered to be excessive, as alleged by the Appellant/
Transport Corporation. For the foregoing reasons, this Court does not find any merit in
this Appeal and accordingly, the Civil Miscellaneous Appeal stands dismissed. No
costs. Consequently, connected Miscellaneous Petition is Closed.
10. The Appellant/Transport Corporation is directed to deposit the entire amount
awarded by the Tribunal together with interest at 7.5% per annum from the date of the
Claim Petition till the date of realization, less the amount, if any, already deposited to the
credit of M.C.O.P.No.139 of 2014 on the file of the Motor Accidents Claims
Tribunal,Sub Judge, Kallakurichi, within a period of eight weeks from the date of
receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed
to transfer the Award amount directly to the Bank account of the Respondent/Claimant
through RTGS, within a period of two weeks.
25.08.2021
Index : Yes / No
Speaking Order : Yes / No
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C.M.A. No. 2503 of 2021
(arr)/(shk)
To:
1. The Motor accident Claims Tribunal,
Sub Judge,
Kallakurichi.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A. No. 2503 of 2021
S.VAIDYANATHAN,J.
(arr)/(shk)
C.M.A. No.2503 of 2021
25.08.2021
http://www.judis.nic.in
